KIMONI LINDO, ap, v. JOSEPH PONTE, COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CORRECTION res

MATTER OF KIMONI LINDO, ap, v. JOSEPH PONTE, COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CORRECTION res — (INDEX NO. 1109/15)In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York City Department of Correction dated October 31, 2014, which adopted the recommendation of an Administrative Law Judge, made after a hearing pursuant to Civil Service Law §75, finding the petitioner guilty, inter alia, of engaging in work and/or business related to his off-duty employment during his assigned tours of duty, and terminated his employment, the petitioner appeals from a judgment of the Supreme Court, Queens County (Taylor, J.), entered January 26, 2016, which denied the petition and dismissed the proceeding.

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MATTER OF KIMONI LINDO, ap, v. JOSEPH PONTE, COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CORRECTION res — (INDEX NO. 1109/15)In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York City Department of Correction dated October 31, 2014, which adopted the recommendation of an Administrative Law Judge, made after a hearing pursuant to Civil Service Law §75, finding the petitioner guilty, inter alia, of engaging in work and/or business related to his off-duty employment during his assigned tours of duty, and terminated his employment, the petitioner appeals from a judgment of the Supreme Court, Queens County (Taylor, J.), entered January 26, 2016, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County, for the limited purpose of permitting the respondents to submit evidence of the written designation or authorization of the Administrative Law Judge and a new determination thereafter of the petition.

KIMONI LINDO, ap, v. JOSEPH PONTE, COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CORRECTION res

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